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HomeMy WebLinkAboutR21-056 Approval of Final Plat for the Edwards Riverfront Estates File No. PDF 009117-2020 DocuSign Envelope ID:D34D1269-47DD-44B4-AB84-F79239E7DAFC Commissioner McQueency moved adoption of the following Resolution: BOARD OF EAGLE COUNTY COMMISSIONERS COUNTY OF EAGLE,STATE OF COLORADO RESOLUTION NO.2021- 056 APPROVAL OF THE FINAL PLAT FOR THE EDWARDS RIVERFRONT ESTATES Eagle County File No.PDF-009117-2020 WHEREAS, on July 21,2020,the Eagle County Board of County Commissioners (hereinafter "the Board") approved with conditions an application submitted by Kudel Development, LLC (the "Applicant") for a zone change and a combined sketch and preliminary plan for planned unit development("PUD") for the Kudel PUD. The Kudel PUD is a residential development consisting of 4 residential dwelling units on a 1.455-acre site located at 035427 US Highway 6 Edward CO, 81632,in unincorporated Eagle County(the"Property");and WHEREAS, on or about August 31, 2020, the County of Eagle, State of Colorado (the "County"), accepted for filing an application (File No. PDF-9117) submitted by the Applicant for approval of a Final Plat for the Kudel PUD. The name of the development will be changed to the Edwards Riverfront Estates upon approval of the Final Plat; and WHEREAS, the application for Final Plat was accompanied by Subdivision and Off-Site Improvements Agreement ("SIA"), binding the PUD to any conditions placed in the resolution approving the Kudel PUD and establishing collateral for public improvements associated with the PUD;and WHEREAS, in accordance with Eagle County Land Use Regulations (the "ECLUR"), Section 5-210.E - Notice of Public Hearings, notice of the Final Plat was mailed to all owners of property adjacent to the Property concerning the subject matter of the application and setting forth the dates and times of meetings for consideration of the application by the Board; and notice of the Final Plat was posted at the Property setting forth the dates and times of meetings for consideration of the application by the Board; and pursuant to the ECLUR, notice in newspaper is not required for final plat applications;and WHEREAS, at its public hearing held on May 18, 2021,the Board considered the Final Plat, associated plans, the statements and concerns of the Applicant, the Eagle County Community Development Department,Engineering staff,and other interested persons; and NOW, THEREFORE, based on the evidence, testimony, exhibits, and study of the Comprehensive Plan for the unincorporated areas of Eagle County, comments of the Eagle County Department of Community Development, comments of public officials and agencies, and comments from all interested parties,the Board finds as follows: 1 DocuSign Envelope ID:D34D12B9-47DD-44B4-AB84-F79239E7DAFC THAT, proper public notice was provided as required by law for the hearing before the Board;and THAT, this Final Plat does conform with the requirements and standards set forth in ECLUR, Section 5-280.B.5 -Final Plat for Subdivision or Final Plat for PUD,and Section 5- 280.3.B.e- Standards for Subdivision as set forth below: 1. Conformance with Preliminary Plan Approval. Pursuant to Section 5-280.B.1.c,the Final Plat,through the inclusion of conditions 1 through 4 set forth below, is in conformance with the conditions of the Kudel PUD approval, Resolution No. 2020-82, and the approved PUD Guide. The Final Plat meets the conditions of the Kudel PUD approval requiring certain agreements with CDOT, and Eagle County for improvements to infrastructure and services. Specifically Condition 4 of the Kudel PUD approval is satisfied with plat notes,5 and 20. 2. Conformance with the Comprehensive Plan. Pursuant to Section 5-280.B.3.e.1, the Final Plat is in substantial conformance with the Eagle County Comprehensive Plan,the Edwards Area Community Plan, and other adopted documents. The Kudel PUD was reviewed for conformance with the 2005 Eagle County Comprehensive Plan, the Edwards Area Community Plan, and the Board found the PUD to be in substantial conformance with the Comprehensive Plan. The Plat is not deviating from what was approved in the Kudel PUD and therefore is in conformance with the Comprehensive Plan. 3. Consistent with Land Use Regulations. Pursuant to Section 5-280.B.3.e.2, the proposed subdivision complies with all of the standards of this Section and all other provisions of the ECLUR, including, but not limited to, the applicable standards of Article 3 - Zone Districts Standards, and Article 4 - Site Development Standards. The Kudel PUD was reviewed for consistency with the ECLUR,specifically standards relating to uses,dimensional limitations, parking, landscape and illumination, and site development, and the Board found the Kudel PUD to be consistent with the ECLURs. The land uses identified on the Final lat are consistent with what was approved with the PUD. Variations from applicable dimensional limitations and site improvement standards were approved with the Kudel PUD as outlined in Resolution No. 2020-82. The Applicant has entered into an SIA to address the requirements of Article 4 - Site Development Standards. The signed and executed Subdivision and Off-Site Improvements Agreement is attached as Exhibit B. 4. Spatial Pattern Shall Be Efficient. Pursuant to Section 5-280.B.3.e.3, the proposed subdivision will not cause inefficiencies in the delivery of public services, or require duplication or premature extension of public facilities, or result in a "leapfrog" pattern of development. The Kudel PUD is an infill site located along the Hwy 6 corridor in the Edwards area, and at the time of the PUD approval the spatial pattern was assessed and confirmed to adhere to requirements. The Final Plat is for the subdivision of land and the construction of utilities and infrastructure per the Kudel PUD and the SIA. No deviations to the approved utility and infrastructure plans were requested with the Final Plat beyond those addressed by conditions 1 -4,set forth below. 2 DocuSign Envelope ID:D34D1289-47DD-44B4-AB84-F79239E7DAFC 5. Suitability for Development. Pursuant to Section 5-280.B.3.e.4, the proposed subdivision is suitable for development, considering the topography, environmental resources and natural or man-made hazards that may affect the potential development of the property, and existing and probable future public improvements to the area. The suitability for development of the Kudel PUD was assessed and evaluated conformance with ECLUR Article 3 and for natural resource protection and man-made hazards through the review of technical reports provided by the Applicant and information provided by applicable referral agencies including CDOT and Colorado Geological Survey. Probable future public improvements were evaluated at the time of Kudel PUD approval for adequate facilities.The Final Plat is not deviating from approvals and conditions of the Kudel PUD and is in conformance with the Kudel PUD with the inclusion of plat notes 5, 10, 12,20,and 21. 6. Compatible with Surrounding Uses. Pursuant to Section 5-280.B.3.e.5, the proposed subdivision is generally compatible with the existing and currently permissible future uses of adjacent land, and other substantially impacted land, services, or infrastructure improvements. The Kudel PUD Preliminary Plan was reviewed for compatibility with surrounding land uses. The Kudel PUD is surrounded by three other PUDs; Logans Park PUD directly adjacent to the East,Anglers PUD across the Eagle River to the North East, and Millers Creek PUD across the Eagle River the North West. The Kudel PUD allows for low- density residential and also has similar densities, and Floor Area Ratios when compared to the surrounding PUDs. The Final Plat will not result in any major extension of services or infrastructure due to its location near neighborhoods that are already served by the required services and infrastructure. The Kudel PUD was deemed compatible with similar residential uses along Hwy 6 and North across the Eagle River. No deviations to the approved uses were requested with the Final Plat. 7. Adequate Facilities.Pursuant to Section 5-280.B.3.e.6,the Applicant demonstrated that the Kudel PUD would be provided adequate facilities for potable water supply,sewage disposal, solid waste disposal, electrical supply, fire protection and roads and will be conveniently located in relation to schools, police and fire protection, and emergency medical services. For roads, access and transportation, conditions of approval of the Kudel PUD Preliminary Plan required that the Applicant demonstrate compliance with CDOT permitting requirements related to access and transportation improvements. The CDOT access permitting requirements are met, but the improvements must be constructed prior to Temporary Certificate of Occupancy or Certificate of Occupancy of the first building permit issued for the development, per conditions 1 -3, set forth below. The Kudel PUD is infill development and is already in the service district of UERWA for water, ERWSD for sewer, Black Hills Energy Corporation for natural gas, Holy Cross Energy for electric, Vail HoneyWagon for solid waste, and CenturyTel/CenturyLink for telecom. The UERWA negotiated an indoor and outdoor water usage budget goal with the developer which was captured under the Kudel PUD Preliminary Plan in the PUD Guide, and includes irrigation system and soil criteria stipulations.The Eagle County School District requests an in-lieu fee of $27,386. The Final Plat is consistent with the Kudel PUD and no deviations from the approved PUD were requested. NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of the County of Eagle,State of Colorado: 3 DocuSign Envelope ID:034D1269-47DD-4484-AB84-F79239E7DAFC THAT this Final Plat (Eagle County File No. PDF-9117) described herein is hereby approved,subject to the following conditions: 1. Prior to issuance of a Temporary Certificate of Occupancy for the first building permit issued for the PUD, approved CDOT Special Use Permits for all improvements in the CDOT right-of-way must be obtained; an agreement documenting the Applicant/HOA's assumption of responsibility for maintenance (including plowing/shoveling), repair and replacement of the sidewalk,and indemnification of the County in the event of any injury or damage arising from the use of the sidewalk must be executed and recorded; and the Applicant shall have completed all improvements associated with the Special Use Permits. 2. If Eagle County declines to act as the permittee under the CDOT Special Use Permit for the sidewalk improvements, and CDOT will not allow the Applicant to be the permittee, Condition 1. of this approval is not required and Condition 3 of the PUD Preliminary Plan approval (Resolution 2020-082)("Preliminary Plan Resolution") is not required. Additionally, if CDOT has not made a determination that the Applicant can be the permittee by the time a Certificate of Occupancy is requested by the Applicant,then Condition 1 of this approval is not required and Condition 3 of the Preliminary Plan Resolution is not required, and the Applicant must thereafter apply for and receive approval of a Minor Deviation from the PUD Preliminary Plan for removal of the sidewalk from the PUD Preliminary Plan. 3. Prior to recordation of the final plat, Condition 3 of the PUD Preliminary Plan approval (Resolution 2020-082) must be amended to change the timing of the condition from "Prior to recording of the final plat" to "Prior to issuance of a Temporary Certificate of Occupancy for the first building permit issued for the PUD". 4. The final plat shall not be recorded until the Resident Occupied deed restriction and private covenant providing for a real estate transfer assessment ("RETA") are approved and executed. The Resident Occupied deed restriction and the RETA shall be recorded immediately following the recordation of the final plat. THAT, the Subdivision and Off-Site Improvements Agreement for the Edwards Riverfront Estates is hereby approved,and is attached hereto as Exhibit B. THAT, the Board directs the Department of Community Development to provide a copy of this Resolution to the Applicant;and THAT,the Board hereby finds,determines and declares that this Resolution is necessary for the health,safety,and welfare of the citizens of Eagle County. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle,State of Colorado,on this 1Oth day of July 2021, nunc pro tunc May 18,2021. 4 DocuSign Envelope ID:034D12B9-47DD-44B4-AB84-F79239E7DAFC QEEpGLE CGG,y COUNTY OF EAGLE,STATE OF w COLORADO,By and Through Its I N BOARD OF COUNTY COMMISSIONERS ATTEST: „.--DocuSigned by: \•>•CnLO09 ,----DocuSigned by: D' 1i ( _ By: SdkUr ClertT6fiii4Wd Matt SCh-e-fF7B2D718Eo473 Chair DocuSigned by:::7() Jeanne Urt eCi1/7A C1� Commissioner r DocuSigned by: KathyNCh difelleflitiiry Commissioner Commissioner Chandler-Henry seconded adoption of the foregoing resolution. The roll having been called,the vote was as follows: Commissioner Chandler-Henry Aye Commissioner McQueeney Aye Commissioner Scherr Aye This resolution passed by 3/0 vote of the Board of County Commissioners of the County of Eagle,State of Colorado 5 DocuSign Envelope ID:D34D12B9-47DD-44B4-AB84-F79239E7DAFC EXHIBIT A Legal Description: PARCEL1 A PARCEL OF LAND SITUATED IN THE NE1/4NE1/4 OF SECTION 9, IN TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN LYING NORTHERLY OF THE NORTHERLY RIGHT OF WAY LINE OF U.S. HIGHWAY NO, 6 AND 24, SAID PARCEL BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE KUDEL PARCEL ON THE NORTHERLY RIGHT OF WAY OF SAID U.S.HIGHWAY 6 AND 24,BEING A REBAR AND CAP LS 9337; THENCE S.85°55'45"W.208.62 FEET ALONG SAID NORTHERLY RIGHT OF WAY OF SAID HIGHWAY; THENCE N. 04°04'15"W.25.00 FEET; THENCE N. 78°32'1 0"E.211.46 TO THE WESTERLY LINE OF SAID KU DEL PARCEL; THENCE S. 02° 53' 00" E 52.22 FEET ALONG SAID WESTERLY LINE TO THE POINT OF BEGINNING, COUNTY OF EAGLE,STATE OF COLORADO. PARCEL2 A PARCEL OF LAND LOCATED IN THE S1/2SE1/4 OF SECTION 4, TOWNSHIP 5 SOUTH,RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN LYING SOUTHERLY OF THE CENTERLINE OF THE EAGLE RIVER,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHENCE THE SE CORNER SECTION 4, TOWNSHIP 5 SOUTH, RANGE 82 WEST OF THE 6TH PRINCIPAL MERIDIAN BEARS S.89 °42'33"E. 1162.66 FEET; THENCE ALONG THE SOUTH LINE OF SAID SECTION 4 N. 89°42'33" W. 260.00 FEET TO A POINT ON THE CENTERLINE OF THE EAGLE RIVER; THENCE ALONG THE CENTERLINE OF THE EAGLE RIVER N. 71 °41'14"E.269.13 FEET; THENCE S. 02°59'53"E. 86.00 FEET TO THE POINT OF BEGINNING, COUNTY OF EAGLE,STATE OF COLORADO PARCEL 3 LOT 1, KUDEL PARCEL, ACCORDING TO PLAT RECORDED OCTOBER 16, 1997 UNDER RECEPTION NO. 636449, COUNTY OF EAGLE,STATE OF COLORADO. 6 DocuSign Envelope ID:D34D12139-470D-44B4-AB84-F79239E7DAFC EXHIBIT B Subdivision and Off-Site Improvements Agreement 10 DocuSign Envelope ID:D34D12B9-47DD-44B4-AB84-F79239E7DAFC DocuSign Envelope ID:5EA7D819-DO2C-4CBC-BAB1-541BB75DB08A Eagle County, CO 202112198 Regina O'Brien 05/24/2021 Pgs: 18 10:27:32 AM REC: $0.00 DOC: $0.00 SUBDIVISION AND OFF-SITE IMPROVEMENTS AGREEMENT FOR THE EDWARDS RIVERFRONT ESTATES FINAL PLAT File No. PDF-9117 THIS SUBDIVISION AND OFF-SITE IMPROVEMENTS AGREEMENT ("Agreement")made and entered into this 5/18/2021 , by and between Kudel Development LLC (hereinafter"Subdivider")and the Board of County Commissioners of the County of Eagle, State of Colorado(hereinafter"County"). WITNESSETH WHEREAS, the Subdivider, as a condition of approval of the Final Plat of the Edwards Riverfront Estates, formerly known as the Kudel PUD(hereinafter referred to as "Subdivision"), desires an Agreement as provided for by the Land Use Regulations of Eagle County, Colorado, 1999, as amended ("hereinafter referred to as "Land Use Regulations")Chapter II, Section 5- 280.B.5.e. and C.R.S. §30-28-137; and WHEREAS, pursuant to the same authority, the Subdivider is obligated to provide security or collateral sufficient in the judgment of the County to make reasonable provisions for completion of certain public improvements, including but not limited to off-site improvements, as referenced in the attached Exhibit A(hereinafter the "Subdivision Improvements"); and certain landscape improvements as referenced in the attached Exhibit B(hereinafter the "Landscape Improvements"); and WHEREAS, pursuant to Chapter II, Section 4-620 of the Land Use Regulations, when a proposed subdivision is located in an area serviced by an existing County road and the County determines that the traffic generated by such development will result in safety hazards for vehicle drivers, pedestrians and/or adjacent residents, the County is empowered to determine the amount of work necessary to bring the affected County road to acceptable standards to provide adequate safe service to present owners,to the proposed subdivision and to other probable subdivisions, and to require the Subdivider to improve its equitable portion of such road to an acceptably safe condition; and WHEREAS, as a further condition of approval of the final plat of this Subdivision,the Subdivider is obligated to provide security and collateral sufficient in the judgment of the County to make reasonable provision for completion of the Subdivision Improvements, including but not limited to the off-site improvements, referred to herein; and WHEREAS, pursuant to Chapter II, Section 4-620.9 of the Land Use Regulations and C.R.S. 43-2-147,the Subdivider shall provide access for all lots and parcels it creates to the state highway system in conformance with the State Highway Access Code. NOW, THEREFORE, in consideration of the premises and the covenants and agreements herein contained to be kept and performed by the parties hereto, it is hereby understood and agreed as follows: C21-153 DocuSign Envelope ID:D34D12B9-47DD-4464-AB84-F79239E7DAFC DocuSign Envelope ID:5EA7D819-DO2C-4CBC-BAB1-541BB75D1308A 1. SUBDIVISION IMPROVEMENTS. 1.1 Subdivision Improvements. Subdivision Improvements are deemed to include all public improvements, including but not limited to off-site improvements as set forth in all documents,construction drawings for the Edwards Riverfront Estates PUD signed and stamped on March 1,2021,designs, maps, specifications,sketches, cost estimates and other materials submitted by the Subdivider prior to or at final plat approval and accepted by the County. Such subdivision improvements shall include roads, utilities and other similar public improvements as set forth in Exhibit A. 1.2 Scope of Work. The Subdivider hereby agrees,at its sole cost and expense,to furnish all necessary equipment and materials, and to complete all Subdivision Improvements as referenced in the attached Exhibit A,and Landscape Improvements as referenced in the attached Exhibit B,and as set forth in all documents,construction drawings,designs, maps, specifications, sketches, and other materials submitted by the Subdivider prior to or at final plat approval and accepted by the County,and in accordance with all laws of the United States of America, State of Colorado, County of Eagle, and their respective agencies and affected governmental entities. Such performance shall include acquisition of all necessary rights-of-way and easements. 1.3 Duties of Subdivider. For those Subdivision Improvements required herein, including but not limited to the reconstruction and physical improvement of that portion of any road subject to this Agreement,the Subdivider shall retain an engineer whose duties shall include construction staking,observation of construction for conformance to the approved plans and specifications, and materials sampling,testing and inspection using the Colorado Department of Highways 2020 Field Materials Manual as a guide for frequency of sampling and testing. 1.3.1 Construction Staking. Where applicable and by way of example only,the following is a highlighting of the construction staking that will be required of the Subdivider: a. Roadway - horizontal and vertical control every 50 feet or every 25 feet in critical areas, specifically including: -slope staking -points of curvature -points of tangency -fillet radius points -culverts -transition points for super-elevation -finished sub-grade -finished gravel b. Water, Sewer,and Other Utilities-horizontal and vertical control every 100 feet,or every 50 feet in critical areas. 1.3.2 Testing. Where applicable and by way of example only,the following is a highlighting of the acceptance testing that will be required of the Subdivider: 2 DocuSign Envelope ID:D34D12B9-47DD-44B4-AB84-F79239E7DAFC DocuSign Envelope ID:5EA7D819-002C-4CBC-BAB1-5418B75DB08A a. Utility and drainage culvert trench backfill under roadway prisms -one density test per 200 C.Y. of backfill or a minimum of one test per roadway crossing. This will require daily visits to the site by a testing laboratory when utilities or drainage culverts are being backfilled within the roadway prism. b. Embankments for roadways-one density test per 2,000 C.Y. of any additional embankment(s);and one density test per 500 C.Y. when within 100 feet of bridge approaches." c. Finished sub-grade -one density test per 250 lineal feet of roadway. d. Aggregate base course-one in-place density per 250 lineal feet of roadway, and gradation and Atterberg Limits test per 2000 tons of aggregate base course. e. Hot Bituminous Pavement-two asphalt content, gradation and in-place density tests per day's production. f. Concrete-Curb and Gutter, Sidewalks and Bikepaths-tests for air content, slump and compressive strength per 50 C.Y.of concrete placed or minimum of one set of tests per day. 1.3.3 Notification/Road Construction. Subdivider or his Engineer shall notify the Eagle County Engineer for the purpose of arranging an on-site inspection no less than forty-eight (48) hours in advance of the following stages of road construction: 1) Finished subgrade 2) Finished Aggregate Base Course 3) Asphalt Placement. 4) Concrete-Curb and Gutter, Sidewalks and Bikepaths The County Engineer shall make an on-site visit within the forty-eight(48) hours notification period for the purpose of observing proof rolls on items 1)and 2) above and for general observation of construction methods being employed at these stages. Said on-site inspection by the Eagle County Engineer shall in no way abrogate the duties of the Subdivider outlined elsewhere in this Agreement. The Subdivider shall provide the proof rolling by arranging for a loaded single unit truck carrying 18,000 pounds per rear axle. 1.3.4 Witnessing of Water and Sewer Laterals. It is essential that the ends of these laterals be witnessed by the Subdivider's engineer to a minimum of three divergent points and a permanent record made of the same. Copies of these records are required to be furnished to the Eagle County Engineer prior to acceptance of the Subdivision Improvements by the County. In addition to witnessing of the horizontal location of these laterals,a vertical witness shall be required. Horizontal witnessing shall be to property corners, fire hydrants, manholes, and other "permanent" features. Vertical witnessing shall be based on depth below ground and 3 DocuSign Envelope ID:D34D12B9-47DD-44B4-AB84-F79239E7DAFC DocuSign Envelope ID:5EA7D819-DO2C-4CBC-BAB1-541BB75DB08A elevation based on a datum used for the subdivision. Bench marks shall be shown on witness records. 1.3.5 Test Reports. All test reports shall be consecutively numbered,with copies furnished directly to the Eagle County Engineer from the laboratory as they are reported to the Subdivider or its engineer. 1.3.6 As-Built Record Drawings of Subdivision Improvements. As-Built,record drawings,sealed,signed and dated by a Registered Professional Engineer showing the as • - constructed horizontal and vertical locations of Subdivision Improvements shall be submitted to the Eagle County Engineer prior to completion of the two year warranty period and the final release of Collateral by the County. This shall include as-built drawings in an electronic form acceptable to the County Engineer. 1.3.7 Affidavit of Monumentation. An Affidavit of Monumentation sealed, signed and dated by a Registered Professional Land Surveyor stating that the subdivision has been monumented in accordance with §38-51-105,C.R.S., and Chapter II, Section 5-280.5.a (1)(a)of the Land Use Regulations shall be provided to the Eagle County Engineer prior to the acceptance of the Subdivision Improvements by the County. 1.4 Compliance with Colorado Department of Highways Access Code. Subdivider shall provide the County with designs in compliance with the Colorado Department of Highways Access Code for all road improvements. 1.5 Date of Completion. All Subdivision Improvements shall be completed prior to September 30,2022. The construction schedule is attached hereto as Exhibit C. 1.6 Approval and Acceptance of Work. 1.6.1 Copies of all test results corresponding to work which is being inspected and any other information which may be necessary to establish the satisfactory completion of the work for which inspection is requested must be submitted prior to said inspection. All such information shall be accompanied by a letter from the Subdivider's engineer verifying the satisfactory completion of the work performed to date. 1.6.2 Notwithstanding Section 1.3.3 above, promptly after receiving a request for inspection and the required documentation, the County Engineer shall review the information presented and, if necessary, make an on-site inspection of the work completed. 1.6.3 All said work shall be done to the reasonable satisfaction of the County Engineer and/or the County Department of Community Development, and shall not be deemed complete until approved and accepted as complete by the County. 1.7 Estimated Costs of Subdivision Improvements. The estimated cost of the Subdivision Improvements is the sum of$90,780.00,as set forth on Exhibit A. To secure and guarantee performance of its obligations as set forth in this Section I, including the completion 4 DocuSign Envelope ID:D34D12B9-47DD-44B4-AB84-F79239E7DAFC DocuSign Envelope ID:5EA70819-DO2C-4CBC-BAB1-541BB750808A of the required Subdivision Improvements, the Subdivider hereby agrees to provide security and collateral in the form and as set forth in Section 2, below. 1.8 Traffic Control Plan. Subdivider agrees to submit a traffic control plan to be approved by the Eagle County Engineering Department prior to any work commencing. 1.9 Common Park and Recreation Areas. Subdivider agrees to submit a Common Open Space, Park and Recreation Area Plan to be approved by\the County Department of Community Development prior to approval of final plat. 1.10 Landscape Plan. Subdivider has submitted a landscape plan to the County Department of Community Development which complies with the Land Use Regulations, Section 4-240, Installation and Maintenance Requirements (the "Landscape Plan"),and the Subdivider agrees to abide by the Landscape Plan. The estimated cost of the landscaping and irrigation systems, if any (collectively the"Landscape Improvements") is the sum of$48,349.65, as set forth on Exhibit B. To secure and guarantee performance of its obligations to install the Landscape Improvements as set forth in this Section 1.10, including the completion of the required Landscape Plan,the Subdivider hereby agrees to provide security and collateral in the form and as set forth in Section 2,below. 1.11 Maintenance of Subdivision and Landscape Improvements. The Subdivider and/or future homeowners association shall be responsible for the maintenance, repair and replacement of the Subdivision Improvements and the Landscape Improvements. 2. SECURITY and COLLATERAL. 2.1 Subdivision Improvements Collateral. In order to ensure installation of necessary Subdivision Improvements, including all public improvements planned to accommodate the development,the Subdivider shall provide no less than one hundred percent(100%)of the current estimated cost of such Subdivision Improvements,as estimated by the County Engineer. The security and collateral for the Subdivision Improvements required in Section 1.7 herein,as security for the performance by Subdivider of its obligations under this Agreement,shall be in the total amount of$90,780.00,(the"Subdivision Improvements Collateral"). Upon execution of this Agreement, the Subdivider will provide the County the Subdivision Improvements Collateral in the form of an irrevocable Letter of Credit, in a form acceptable to the County Attorney. 2.2 Partial Release of Subdivision Improvements Collateral. Subdivider may apply to the County for the release of portions of the Subdivision Improvements Collateral based upon work completed in accordance with this Agreement. To make such releases, Subdivider shall request the County Engineer to inspect the work in order to verify satisfactory completion in accordance with plans and specifications in accordance with Section 1.6. 2.3 Final Release of Subdivision Improvements Collateral/Warranty. Within thirty(30) days after Subdivider has completed all of the work required by this Agreement and the work has been approved and accepted by the County,the entire remaining amount of the Subdivision Improvements Collateral, less an amount equal to ten percent(10%)of the original Subdivision Improvements Collateral, shall be released. Subdivider shall be responsible for the condition of 5 DocuSign Envelope ID:D34D12B9-47DD-44B4-A884-F79239E7DAFC DocuSign Envelope ID:5EA7D819-DO2C-4CBC-BAB1-541B875DB08A the Subdivision Improvements for a period of two years after completion;this shall be guaranteed either through the retention of 10%of the total Subdivision Improvements Collateral, as set forth above,or Subdivider may provide a substitute form of Subdivision Improvements Collateral as set forth in Section 2.4 below. 2.4 Substitution of Subdivision Improvements Collateral. The Subdivider may at any time substitute the Subdivision Improvements Collateral originally deposited with the County herein, for another form of collateral acceptable to the County Attorney,to guarantee the faithful completion of the Subdivision Improvements referred to herein and the performance of the terms of this Agreement. At the time of substitution of collateral,an inflationary and/or deflationary factor based upon the Denver-Boulder,Colorado Consumer Price Index for All Urban Consumers,All Items(1967=100)published by the U.S. Bureau of Labor Statistics, 303-837- 2467,or, alternatively,an approved construction cost index, shall be used to determine an adjusted estimated cost for all Subdivision Improvements as described herein,and collateral shall • be submitted by the Subdivider in accordance therewith. 2.5 Draws. Draws against the Subdivision Improvements Collateral shall only be made as directed by written Resolution of the County,stating that there has been an event of default under this Agreement and that a sum certain is required to remedy the default. Any amount drawn on the Subdivision Improvements Collateral must be applied for the purpose of completing the work required by this Agreement and related expenses and costs. 2.6 Events of Default. The following events shall be deemed "Events of Default," entitling the County to draw on the Subdivision Improvements Collateral: 2.61 If Subdivider has not completed the work required by this Agreement within thirty(30)days prior to the Date of Completion set forth herein,the County may,after ten (10)working days written notice to Subdivider, draw upon the Subdivision Improvements Collateral an amount sufficient to complete said work and compensate the County for its reasonable costs and expenses related to said draw. 2.6.2 If the original Subdivision Improvements Collateral presented to the County(or any extension thereof) is due to expire and the work is not yet completed,and Subdivider has not provided substitute collateral or the bank's written extension to the original collateral(as it may have been previously extended),the County shall draw on the Subdivision Improvements Collateral according to the provisions set forth in this Section 2. It is Subdivider's responsibility,with or without notice,to ensure that the Subdivision Improvements Collateral is extended,or that substitute collateral is provided in a form acceptable to the County,at least ten days prior to its expiration. If Subdivision Improvements Collateral is neither extended nor substitute collateral provided, in a form acceptable to the County Attorney,at least ten days prior to its expiration,the developer shall pay the County an additional$500 (Five hundred dollars) for the additional administrative work required because of the failure to extend or substitute the Subdivision Improvements Collateral in a timely manner as required by this Agreement. 2.6.3 If the Subdivision Improvements Collateral is substituted,as otherwise provided herein,this Agreement may be amended or modified in order to set forth specific 6 DocuSign Envelope ID:D34D12139-47DD-44B4-AB84-F79239E7DAFC DocuSign Envelope ID:5EA7D819-DO2C-4CBC-BAB1-541BB75DB08A Events of Default deemed necessary, in the County's sole discretion,commensurate with the type of collateral substituted. 2.7 Costs and Expenses. Subdivider agrees to pay any costs and expenses, including but not limited to legal fees, which the County may incur in determining to accept collateral, in drawing upon the Subdivision Improvements Collateral, or in accomplishing an extension of its expiration. 2.8 Landscape Plan Collateral. 2.8.1 Prior to the issuance of any development permit for the Subdivision, Subdivider agrees to provide the County with collateral in the form of an irrevocable letter of credit acceptable to the County Attorney to ensure the Landscape Improvements will be installed according to the approved Landscape Plan (the "Landscape Plan Collateral"). Subdivider agrees to provide collateral for no less than one hundred and twenty-five percent (125%)of the estimated cost of the Landscape Improvements listed in the approved Landscape Plan, based on the cost estimate provided by the Subdivider and approved by the County, as set forth in Exhibit B and Section 1.10 above. The Landscape Plan Collateral shall be in the amount of$66,480.00. 2.8.2 As portions of the Landscape Improvements are completed,the Community Development Director shall inspect them, and upon approval and acceptance, shall authorize the release of the Landscape Plan Collateral for that portion of the improvements,except that ten percent(10%)shall be withheld until all proposed Landscape Improvements are completed and approved, and an additional twenty-five percent(25%)shall be retained until the Landscape Improvements have been maintained in a satisfactory condition for two (2)years. 2.8.3 Following installation of the required Landscape Improvements,the Subdivider shall certify the landscaping has been installed in conformance with the approved Landscape Plan. Ten percent(10%)of the Landscape Plan Collateral shall be released within ten (10)working days following receipt of the certification and inspection by the County. Twenty- five percent (25%)of the Landscape Plan Collateral shall be released within ten (10)working days following receipt of certification and inspection by the County that the Landscape Improvements have been maintained in a satisfactory condition for two (2)years. 2.8.4 In the event the Landscape Improvements contained in the cost estimate approved by the County are not installed or are installed in a manner that does not conform with the approved Landscape Plan,the County may draw on the Landscape Plan Collateral in the same manner as provided for in Section 2.5 and 2.6 above to bring the Landscape Improvements into conformance with the approved Landscape Plan. 7 DocuSign Envelope ID:D34D1289-47DD-44B4-AB84-F79239E7DAFC DocuSign Envelope ID.5EA7D819-D02C-4CBC-BAB1-541 BB75DBO8A 3. INSURANCE and INDEMNIFICATION. 3.1 Indemnification. Subdivider shall indemnify and hold the County harmless from any and all claims made against the County by any contractor,subcontractor,materialmen, employee, independent contractor,agent or representative involved in the work necessary to comply with this Agreement,or on account of any other claims against the County because of the activities conducted by or on behalf of the Subdivider in furtherance of the terms of this Agreement. This indemnification and hold harmless provision shall include any legal expenses or costs incurred by the County. 3.2 Certificates of Insurance. The Subdivider shall secure from any contractor or subcontractor engaged in the work necessary to comply with this Agreement a Certificate of Insurance providing for liability protection in the minimum amount of$350,000 per individual and $999,000 per occurrence, naming the County as an additionally named insured. The Subdivider, if it serves as the contractor for the Subdivision Improvements, shall provide insurance in the same form and amounts as required of the general contractor. Said limits shall be adjusted to comply with any changed limits in the Colorado Governmental Immunity Act, Title 24, Article 10, Colorado Revised Statutes. 3.3 County Incurs No Liability. The County shall not,nor shall any officer or employee thereof,be liable or responsible for any accident, loss or damage happening or occurring to the Subdivision and/or Subdivision Improvements or the Landscape Improvements specified in this Agreement prior to the completion and acceptance of the same; nor shall the County, nor any officer or employee thereof, be liable for any persons or property injured or damaged by reasons of the nature of said work on the Subdivision Improvements or the Landscape Improvements, but all of said liabilities shall be and are hereby assumed by the Subdivider. The Subdivider hereby agrees to indemnify and hold harmless the County and any of its officers, agents and employees against any losses,claims, damages or liabilities for which the County or any of its officers, agents,or employees may become subject to, insofar as any such losses,claims,damages or liabilities(or actions in respect thereof)arise out of or are based upon any performance by the Subdivider hereunder; and the Subdivider shall reimburse the County for any and all legal and other expenses incurred by the County in connection with investigating or defending any such loss,claim,damage, liability or action. This indemnity provision shall be in addition to any other liability which the Subdivider may have. Nothing in this Agreement shall constitute a waiver by the County of its governmental immunity under State or Federal common law or statute. 4. GENERAL PROVISIONS. The following shall apply to all Subdivision Improvements, including off-site improvements,and all Landscape Improvements set forth in this Agreement: 4.1 Compliance with Land Use Regulations. The Subdivider shall be required to obtain all necessary permits and comply with the provisions of the Land Use Regulations,as well as the Regulations for Construction within the Public Ways of Eagle County,as the same are in effect 8 DocuSign Envelope ID:D34D12B9-47DD-44B4-AB84-F79239E7DAFC DocuSign Envelope ID:5EA7D819-DO2C-4CBC-BAB1-541BB75DB08A at the time of commencement of construction of the Subdivision Improvements referred to herein. 4.2 Subdivision Improvement Agreement Controls. In the event of any inconsistency or incongruity between the provisions of this Agreement and the Land Use Regulations,the provisions of this Agreement shall in all respects govern and control. 4.3 Warranties and Guarantees. There shall be a two-year correction period,or such longer period as may be prescribed by law,from the time of completion of the Subdivision Improvements during which time the Subdivider shall promptly correct or remove and replace, in accordance with the County's written instructions,defective work or materials and consequences thereof. Repair or replacement made under the two-year correction period shall bear an additional one-year correction period from the acceptance of the repair or the replacement by the Eagle County Engineer. The work shall be collateralized during the correction period in an amount and type of collateral as shall be reasonably determined by the County. The work shall be inspected,at the request of the Subdivider, no less than sixty(60)days prior to expiration of the one-year additional correction period, and any deficiencies shall be noted to the Subdivider. 4.4 Approval of Final Plat. The County agrees to the approval of the final plat of this Subdivision, subject to the terms and conditions of this Agreement. 4.4.1 Final Plat Amendments. Where field changes or other circumstances have caused the road, utilities, or other subdivision improvements to be constructed in locations different from those shown on the approved plans,the locations of rights-of-way, easements, lot lines,building envelopes,setback lines,or other attributes shown on the Final Plat shall be amended as necessary to comply with Final Plat requirements of the Land Use Regulations 4.5 Amendment and Modification. The parties hereto mutually agree that this Agreement may be amended or modified from time to time, provided that such amendment or modification be in writing and signed by all parties hereto. 4.6 Assignability. This Agreement shall be enforceable against the Subdivider, provided, however, that in the event the Subdivider sells, transfers or assigns all or part of the subject Subdivision,the obligations of the Subdivider under this Agreement as to that portion of the subject Subdivision may be assumed in writing by the purchaser of the parcel,and the Subdivider shall have no further obligations hereunder. It is agreed, however,that no such assumption of these obligations shall be effective unless the County gives its prior written approval to such assumption following an investigation of the financial condition of the purchaser. The Subdivider shall not otherwise assign, transfer,convey, pledge or otherwise dispose of this Agreement without prior written consent of the County,which consent shall not be unreasonably withheld. 4.7 Binding upon Successors. This Agreement shall inure to the benefit of and be binding upon the parties hereto,their respective successors, and assigns. 4.8 Sole Responsibility of Subdivider Prior to County Acceptance. It is further agreed and understood that at all times prior to the completion and acceptance of the off-site 9 DocuSign Envelope ID:D34D12B9-47DD-44B4-AB84-F79239E7DAFC DocuSign Envelope ID:5EA7D819-DO2C-4CBC-BAB1-541B8750808A Subdivision Improvements set forth herein by the County,each of said improvements not accepted as complete shall be under the sole responsibility and charge of the Subdivider. When it is necessary to allow the general public to utilize the roadways under construction by the Subdivider,traffic control and warning devices shall be placed upon such roadways by the Subdivider in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways as prepared by the U.S. Department of Transportation, Federal Highway Administration. 4.9 No Rights to Third Parties. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit,action or other proceedings against either the County or its officers,employees or agents because of any breach hereof or because of any terms,covenants, agreements or conditions contained herein. 4.10 Notice. Notice required pursuant to the terms of this Agreement shall be deemed given on the day that the same is placed in the United States Mails, postage prepaid,certified or registered mail, return receipt requested. 4.11 Enforcement and Attorney Fees. The County may enforce the provisions of this Agreement in the same manner and with the same remedies applicable to the enforcement of the Land Use Regulations,as they may be amended from time to time,or as otherwise provided by law. Alternatively,the terms of this Agreement may be enforceable by the Board or its designee by any appropriate equitable or legal action, including but not limited to specific performance, mandamus, abatement or injunction. The remedies explicitly provided herein are cumulative, and not exclusive, of all other remedies provided by law. The prevailing party in any action brought pertaining to this Agreement shall be entitled to an award of costs and reasonable attorney fees. IN WITNESS WHEREOF,the parties hereto have executed this Agreement this 5/18/2021 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its ATTEST: BOARD OF COUNTY COMMISSIONERS DocuSigned by: e—DocuSigned by: jCt�tlna 612f3fu,t By: Half CI 113f° 3tihrd of Char-81E7e20718E0473 County Commissioners Address for giving notice: P.O. Box 850 Eagle, CO 81631 (970)328-8685 10 DocuSign Envelope ID:D34D12B9-47DD-44B4-AB84-F79239E7DAFC DocuSign Envelope ID:5EA7D819-DO2C-4CBC-BAB1-5418B75DB08A SUBDIVIDER:OWNER 14,1,4 -Fjj Q'( By: - , 14A0-0yxVe___ Address for giving notice: (), 0 &Px gic ,t.var C-© %j7 • STATE OF COLORADO ) r ) SS County of j'r-r ( ) 7 •Zt•ZI regoing was acknowledged before/me this �% day of / �l I , , --/x4i, as 71/ ��� 'i . of64zte /� yf��, LL '. r�J WITNESS my hand and official seal. My commission expires YL (1 ( �� �'� CHRISTINE THURSTOiV NOTARY PUBLIC STATE OF COLORADO Notary Public NOTAAYID 20154031002 My Commission Expires August 6,2023 11 DocuSign Envelope ID:D34D12B9-47DD-44B4-AB84-F79239E7DAFC DocuSign Envelope ID:5EA7D819-O02C-4CBC-BAB1-541BB75DBO8A EXHIBIT A [2 DocuSign Envelope ID:D34D12B9-47DD-44B4-AB84-F79239E7DAFC DocuSign Envelope ID:5EA7D819-DO2C-4CBC-BAB1-541BB75DB0BA YARNELL CONSULTING & P.O.Box 3901 Eagle,Colorado 81631-3901 CIVIL DESIGN, LLC (970)323-7008 3/1/2021 EXHIBIT A: ENGINEER'S OPINION OF PROBABLE COST (CIVIL) Project Name: Kudel Parcel P.U.D. Project No.: 18.031 Item No. (Description I Quantity I Units Unit Price Ext.Price GENERAL 1 Mobilization 1 LS $ 500 $ 500 2 Traffic Control for Striping 1 Day $ 1,200 $ 1,200 3 Stormwater Management 1 LS $ 2,200 $ 2,200 4 Construction Surveying 1 LS $ 3,800 $ 3,800 ,EARTHWORK 5 Strip&Stockpile Topsoil 310 CY $ 2.58 $ 800.00 6 On-Site Earthwork 1,577 CY $ 5.07 $ 8,000.00 7 Bioretention Soil Material 684 CY $ 8.33 $ 5,700.00 8 Import 4"Base Course 420 Ton $ 19.00 $ 7,979.72 9 Riprap Rundown 336 SF $ 11.90 $ 4,000.00 10 Export Unsatisfactory Soils 264 CY $ 12.00 $ 3,168.00 Sub-total: Earthwork ► $ 29,647.72 FLATWORK 11 3'Concrete Pan(6"Depth) _ 230 SF $ 7.39 $ 1,700.00 12 Concrete Sidewalk(6"Depth) 2,182 SF $ 7.39 $ 16,124.98 13 6'Concrete Cross Pan (6"Depth) 30 LF $ 88.87 $ 2,666.00 14 Asphalt Pavement 114 Tons $ 100.00 $ 11,390.00 15 Concrete Curb/Gutter 74 LF $ 22.51 $ 1,666.00 Sub-total:Flatwork N. $ 33,546.98 UTILITIES _ 16 Sanitary Sewer Force Main 512 LF $ 9.50 $ 4,864.00 17 6"Sanitary Sewer Main 78 LF $ 115.38 $ 9,000.00 18 Sanitary Sewer Manhole 1 Ea $ 2,700.00 $ 2,700.00 19 Water Service&Components 654 LF $ 14.53 $ 9,500.00 20 Electric Service 670 LF $ 3.73 $ 2,500.00 21 Natural Gas Service 258 LF $ 17.44 $ 4,500.00 22 Cable TV Service 617 LF _ $ 4.86 $ 3,000.00 23 Telephone Service 314 LF $ 6.37 $ 2,000.00 24 Nyloplast Drain Basin 6 Ea $ 550.00 $ 3,300.00 25 6"PVC Storm Sewer 103 LF $ 28.00 $ 2,884.00 26 8" PVC Storm Sewer 198 LF $ 34.00 $ 6,732.00 27 8"Pipe Daylight with Riprap 1 Ea $ 350.00 $ 350.00 Sub-total:Utilities —► $ 9,500.00 Page 1 of 2 DocuSign Envelope ID:D34D12B9-47DD-44B4-AB84-F79239E7DAFC DocuSign Envelope ID:5EA70819-DO2C-4CBC-BAB1-541 BB75DBO8A YARNELL CONSULTING & P.O.Box 3901 Eagle,Colorado 81631-3901 CIVIL DESIGN, LLC (970)323 7008 3/1/2021 EXHIBIT A: ENGINEER'S OPINION OF PROBABLE COST (CIVIL) Project Name: Kudel Parcel P.U.D. Project No.: 18.031 Item No. 'Description LQuantity I Units I Unit Price _ Ext.Price STRIPING 28 Centerline Striping 948 LF $ 2.25 $ 2,133.00 Sub-total:Striping to. $ 2,133.00 Sub-Total*= $ 82,528 I.Unit prices provided by Reynolds Mountain Construction. 5% Contingencies= $ 4,126 5%Testing&Observation= $ 4,126 Total= $ 90,780 *This tabulation of costs represents Yarnell Consulting&Civil Design,LLC's(YCCD's)opinion of the costs associated with completing the scope of work. Since many factors determine the ultimate cost of construction,YCCD cannot offer any warranty as to the information provided. It is recommended that a qualified contractor review the scope of work to confirm the costs. i_. ''O L I Cry li • 9 i,+ ($4 . 41 • 1.0 • a% ss,ONAL •a• • • Page 2 of 2 DocuSign Envelope ID:D34D12B9-47DD-4464-AB84-F79239E7DAFC DocuSign Envelope ID:5EA7D819-D02C-4CBC-BAB1-541B875DB08A EXHIBIT B I3 DocuSign Envelope ID:D34D12B9-47DD-44B4-AB84-F79239E7DAFC DocuSign Envelope ID:5EA7D819-DO2C-4CBC-BAB1-541BB75DB08A YARNELL CONSULTING & P.O.Box 3901 Eagle,Colorado 81631-3901 CIVIL DESIGN, LLC (970)323-7008 3/1/2021 EXHIBIT B: ENGINEER'S OPINION OF PROBABLE COST (LANDSCAPE) Project Name: Kudel Parcel P.U.D. Project No.: 18.031 Item No. 'Description I Quantity I Units Unit Price I Ext.Price LANDSCAPE&IRRIGATION 1 Evergreen Tree 35 Ea $ 400.00 $ 14,000.00 2 Deciduous Tree 56 Ea $ 200.00 $ 11,200.00 3 Shrub 94 Ea $ 50.00 $ 4,700.00 4 Mulch/Cobble 5367 SF $ 1.00 $ 5,367.00 5 Native Grass 11224 SF $ 0.10 $ 1,122.40 6 Metal Edging 1584 Ea $ 2.50 $ 3,960.00 7 Irrigation System 1 LS $ 8,000.00 $ 8,000.00 8 25%Contingency for Landscape 1 LS $ 12,087.35 $ 12,087.35 Sub-Total*= $ 60,437 1.Unit prices provided by Reynolds Mountain Construction. 5% Contingencies= $ 3,022 5%Testing&Observation= $ 3,022 Total= $ 66,480 `This tabulation of costs represents Yarnell Consulting&Civil Design,I.I.C's(YCCD's)opinion of the costs associated with completing the scope of work. Since many factors determine the ultimate cost of construction,YCCD cannot offer any warranty as to the information provided. It is recommended that a qualified contractor review the scope of work to confirm the costs. ••"' may` i i c3 oHN r. 5t1046 9y f41 ) Page 1 of 1 DocuSign Envelope ID:D34D12B9-47DD-44B4-AB84-F79239E7DAFC DocuSign Envelope ID:5EA7D819-DO2C-4CBC-BAB1-541 BB75DB08A EXHIBIT C 14 DocuSign Envelope ID:D34D12B9-47DD-44B4-AB84-F79239E7DAFC DocuSign Envelope ID:5EA7D819-D02C-4CBC-BAB1-541B875DB08A Exhibit C -Construction Schedule Work will commence May 1, 2021 or thereafter and be completed by April 31, 2022.